Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-11
OWNERS AND LOcATORs
....OF....
M E III e. s.
APPLICATION FOR PATENT.

AFELhCAIlOS FOR PATENT,
mnero papers have once been filed with N.
nes-seel ana receiver they become q part ~
=. .oeoIu, and can neither be Withdrawn mo-.
ie'nLheu, QUIZ must be transmitted to the a.
cral LAud Once. o oen
An application will be rejected when the
scription OF tho premises is erroneous or
Application for patent will be reiectaa
cause: 'o0'eo De-
First The notice was published without N.
knowledge of the Register. 'ne
oecona-Ihe notice was not published in
claim.
and afe,
Fourth--A previous application had h..
maze ior the same premises, which was Win
drawn pending q suit in Court commanoas ~
| the adverse claimant. W
An application for patent will be reiac,.,
wnen I survey Goes not accurately define the
Where the claim was not located In accord.
snce with law. 'ofo-
Where several parties own separate and A.,
uhcI por.ions OF . claim, application for
patent may be made by either for tns at por,ion
OF the claim owned by him: but where so-s.I
parties own undivided interests in . Tntr1ea
claim all should join in an application for
patent.
A person or association NAV nrro
many placer locations IS the local law admt,a
and embrace them oil In one application for !
pstcnt.
Two or more Iodes cannot be embr,.
one application for q patent except for nlscar
claims embracing two or more Iodes ritS,n
their boundaries
Papers sworn TO before any person nn,nor..
ing to act as a deputy for the Register and Re.
ceiver cannot be recorded as evidences
In all patents for mining claims sit,.taa
within the interior boundaries of a town s,,a
a clause is Inserted excepting ana eYolndjno
all town property, rights upon the surface
Il and II h0naaa hntl,fana
blocks, streets, alleys or other municin.l IN
p%rovements not belonging to the grantee here
in, and all rights necessary or proper 10 tba
occupation, possession and enjoyment Of the
same."
Publication Of notice must be made n o,,r
one newspaper for the period Of GO days
Notice must be published 10 Consecutive
weeks In weekly newspapers, and In dsily
newspapers 90 days must elApse between ne
first and last insertions.
Where the Register designates the sIyissu
Of a newspaper for publication OF notices Of a
mining application for patent Ii Ia not a com.
pliance with law TO change TO the weekly edi-
tion Of the same paper without authority Of
the Register.
The existence OF o salt spring on . tract Of
land withdrsws ii from the operation Of the
homestead and presumption laws. A hearing
Tor the purpose OF proving the agricultural
character OF such land 10 not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimAnts must file q separate and
distinct claim against each application which
IL IL alleged conflicts with the premises owned
by such adverse claimant.
The papers in al adverse claim, once filed,
cannot be Withdrawn, but becomes q part Of the
record.
when an adverse claim has been hled ii can.
not be amended so as TO embrace q larger per-
tion OF the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and filed in the proper local Office
during the period of public alton OF the appli-
cation for the patent TO be effective.
1t Is the duty OF the adverse claimant o
commence suit In proper form within the re-
CURED time, and IL he trusts lhe uncertain
medium Of the United States mail he must
abide the consequence, should the delay
ensue, through misfortune or accident. Should
the failure to commence suis be the result Of
the cor tupt or dishonest action Of his attorney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions OF law, without stating the
facts specially, will not be considered in evil
dence.
An adverse claimant should show 8 compli-
ance with the local laws in recording his claim
and In regard to expenditures. and shall nle a
copy of the original notice Of his location. and
show the nature or extent Of the conflict
alleged.
An allegation OF parties to a suit that they
compose the company 10 sufficient, aud they
are not required to prove that they are the
original ~locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land 10 of little. II any value, for agri.
cultural purposes, but ia essential TO the
proper development of mining claims, IL
should be disposed of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled st any time
prior to issuance of patent, upon satisfactory
evidence OF the existence OF such valuable de-
posits.
Where valuable deposits of mineral are dis.
covered upon q tract sitter the same has been
en- tered as agricultural, but before I Aeat has
been issned, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled to
that portion of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
Issued TO an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived in payment for claims.
ALIENS.
foreigner may make q mining location
dispose OF 1t. provided he becomes q citizen
before disposing of the mine. Proof that the
party was not a citizen before dtspos!nE OF MS
claim must be afirmstively shown.
Locators and intermediate owners. other
than applicants, will not be presumed slicns,
in the absence Of allegation or objection prior
to issuance Of patent.
The portion of a mining claim sold TO an
alien cannot be patented while such owner IL
an xlien; but on his declaration o become
citizen his right dates back to his purchase.
sud be may thereupon secure United States
patent for his claim.
cnoss LEpGEs.
Revised Statutes. Section 2,336:
Where two or more lodges cross or intersecs
each other, priority OF title shall govern, ana
such prior location shall be entitled to all ore
or mineral contained within the space of inter
section, but the subsequent location shall have
the right of way through the space OF inter.
section for the purpose of the convenient
working of the mine. And where two or more
veins unite the oldest or prior location shaIi
take the vein below the point of union, III
Guiding all the space of intersection.
TUNNELS.
There In no authority of law for a tunnel
location 5000 by /, 800 feet. A proper location
l "a Tho utHth 90 49, Ann mol far z OnD fact.